The Constitution of the Founding Fathers
By
Jerome Horowitz Attorney at Law
© Copyright 1978, 1992, 1994 and 1996
by Jerome Horowitz [p. ii]
The Constitution of the Founding Fathers
By Jerome Horowitz
“We must learn the principles of the Constitution in the tradition of the Founding Fathers.” Ezra Taft Benson
Partial List of Contents
Part I. Perspective
Page
1 Perspective of this work
1 Stature of Founding Fathers
2 Constitution not outmoded
2 Declaration of Independence is foundation for understanding Constitution
3 Human nature tendencies of those with power the great threat to freedom
4 Concern over deeper level of human nature—deliberate conspiracy against freedom
5 Separation of powers the basic safeguard of liberty
6 Checks and balances indispensable to prevent gradual concentration of separated powers
6 Inviolate property rights essential to freedom
7 Attack on freedom usually begins with attack on property rights
7 Government management of economy as danger to freedom
8 Government welfare programs as danger to freedom
9 Property qualification for vote
10 Sound currency essential to stable government (See also pages 25-26)
11 Carefully avoided establishing a democracy (See also pages 77-78)
11 Constitution can function only among a religious people [p. x]
Part II. Constitution
Page
13 Preamble
14 Legislative powers in general
15 Legislative power vested in Congress
15 House of Representatives
18 Senate
20 Federal elections
21 Salaries of Congressmen
22 Veto power
23 Enumerated powers of Congress
24 Taxing power and welfare clause
24 Regulate commerce
25 Money and weights and measures
29 Restrictions on powers of Congress
30 Restrictions on states
32 Executive power vested in President
34 Selection of President
38 Commander in Chief
40 Treaties
41 Appointing federal officers
42 Faithfully execute laws
42 Grounds for impeachment
43 Judicial power vested in Supreme Court and inferior federal courts
44 Limited federal court jurisdiction
46 Authority to declare act of Congress unconstitutional
46 Problem of judicial usurpation
47 Matters concerning states
49 Amendments
50 Debts, supremacy clause, oath [p. x]
Part III. Bill of Rights
Page
52 Preliminary material on Bill of Rights
54 1st Amendment—religion and speech
58 2nd Amendment—keep and bear arms
59 3rd Amendment—quartering troops
60 4th Amendment—right of privacy
61 5th Amendment—grand jury—double jeopardy—self incrimination—fair trail—eminent domain
66 6th Amendment—criminal prosecutions—speedy public trial—impartial jury—informed of accusation—witnesses—counsel
71 7th Amendment—civil suits—jury trials—reexamination
73 8th Amendment—bail—fines—punishments [p. xi]
74 9th Amendment—retained rights
74 10th Amendment—undelegated powers
Part IV. Amendments Subsequent to Bill of Rights
Page
76 Preliminary material on subsequent amendments
76 11th Amendment—clarification of federal judicial power
77 12th Amendment—changing electoral college system to accommodate party politics
79 Why so rapid a departure from the system of the Framers
80 The French Revolution as a corrupting counterfeit
82 Influence of the French Revolution in America
86 13th Amendment—slavery abolished in spite of contrary state laws
87 14th Amendment—using Federal power to undermine political strength of South
92 15th Amendment—compelling states to give vote to former slaves
92 16th Amendment—authorizing Federal government to violate property rights through income tax
101 17th Amendment—depriving states of representation in Federal government
103 18th Amendment—depriving states of right to decide whether to prohibit intoxicating [p. xii]
103 19th Amendment—compelling states to give vote to women
103 20th Amendment—shortened delay between election and taking office
103 21st Amendment—repealed 18th Amendment
103 22rd Amendment—limited President to two terms
104 23rd Amendment—people in District of Columbia authorized to vote for President and Vice President
104 24th Amendment—deprived states of right to require even minimal property qualification to vote in federal elections
105 25th Amendment—interim replacement of Vice President and Presidential disability
105 26th Amendment—compelling states to give vote to 18 year olds
106 27th Amendment—changes in compensation of Senators and Representatives
Appendix 1 Some Action Thoughts for Latter-day Saints
Appendix 2 Text of Declaration of Independence with Explanatory Comments
Appendix 3 Text of Constitution and Amendments with Explanatory Comments
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